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Duke  University  Libraries 

Resolution  auth 
Conf  Pam  #503 


State  Convention.]  [May,  1861. 

Ordered  to  be  Printed. 

'^ — ^. 

S^me'&  Hall,  Printers  to  the  Convention. 


PtESOLUTION  AUTHORIZING  AND  KE(^UESTING 
THE  PRINTERS  TO  THIS  CONVENTION  TO  PRINT 
1,G00  COPIES  OF  CERTAIN  PUBLIC  ACTS  PASSED 
AT  THE  EXTRA  SESSION  OF  OUR  PRKSENT  IiE<;- 
ISLATURE. 

/u '.>•(,/(•«'(/,  That  the  I'liiitors  to  thi.s  Couventiou  be  ami  thev 
are  hereby  :uithori/ed  and  requested  to  print,  (as  soon  as  possi- 
ble) 150  copie.^  of  each  of  the  public  acts  passed  at  the  extra 
session  of  our  present  Legislature. 

Resolved  fvrfher,  That  the  Secretary  of  State  be  and  he  is 
hereby  authorized  to  furnish  the  Printers  to  this  Conventifni 
with  duly  authenticated  copies  of  the  following  acts,  viz  : 

An  Act  to  Repeal  the  r)th  section  of  the  T(3th  chapter  of  the 
Revised  Code,  entitled  "Oaths." 

An  Act  to  raise  ten  thousand  State  Troops. 

An  Act  for  Patrr-l. 

An  Act  to  define  and  punish  Treason  against  this  State,  mid 
other  oftcnees  ajrainst  the  sovereignty  of  the  State, 

Resolution  concerning  Post  Offices  and  Post  Roads. 

An  Act  concerning  Taxes. 

An  Act  to  provide  against  the  sacrifice  of  property,  and  to 
suspend  civil  process  in  certain  cases. 

An  Act  to  provide  ways  and  means  for  Public  defence. 

An  Act  to  provide  for  the  time  when  Volunteers  shall  be  pai<I 
for  their  services. 

An  Act  to  authorize  the  County  Courts  and  Corporate  Towns 
axtd  Cities  to  lay  taxes  for  public  purposes. 


2  -  State  Coxvention.  [May, 

AN  ACT  TO  REPEAL  THE  otii  SECTION  OF  THE 
76th  CHAPTER  OF  THE  REVISED  CODE  ENTITLED 
"OATHS." 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the  /State 
of  North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  the  fifth  section  of  the  76th  chapter  of  the  Re  - 
vised  Code  be  and  the  same  is  hereby  repealed,  and  that  it  shall 
not  be  lawful  to  administer  to  any  officer  within  this  State  any 
oath  or  affirmation  to  support  the  Constitution  of  the  United 
States. 

Sec.  2.  Be  it  farther  enacted,  That  this  act  shall  be  in  force 
from  and  after  its  ratification. 

Read  three  times  and  ratified  in  General  Assembly,  this  2d 
day  of  May,  A.D.I  861. 

\V.  T.  DORTCH.  S.  H.  C. 
HENRY  T.  CLARK.  S.  S. 


AN  ACT  TO  RAISE  10,000    STATE    TROOPS. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the  State' 
of  North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  the  Governor  shall  immediately  after  the  passage 
of  this  act  proceed  to  raise  by  voluntary  enlistment,  a  division 
or  corps  of  ten  thousand  men  to  serve  during  the  present  war 
unless  sooner  discharged  ;  the  troops  of  this  corps  shall  be  known 
as  the  State  ti'oops  of  North  Carolina. 

Sec.  2.  Be  it  further  enacted,lA\d^i  this  division  shall  consist 
of  a  corps  of  artillery  and  engineers,  one  regiment  of  cavalry, 
and  eight  regiments  of  infantry,  light  infantry  and  riflemen,  to 
be  recruited  under  the  general  direction  of  the  Governor,  and 
in  conformity  with  such  regulations  as  he  may  prescribe. 

Sec.  3.  The  corps  of  artillery  and  engineers  shall  consist  of  Rot 
exceeding  eight  companies  or  batteries  of  light   and  heavy  artil- 


186].]  State  Co^sVentiox.  3 

Jciy,  with  one  colonel,  chief  of  artillery  and  engineers  ;  one  lieu- 
tenant colonel ;  two  majors ;  (one  quarter  master,  and  one  com- 
missary with  the  rank  of  first  lieutenant,  and  one  adjutant,  all 
to  be  appointed  by  the  colonel,  the  last  from  the  first  lieutenants 
«jf  the  corps  ;)  one  sergeant  major  ;  one  quarter  master  sergeant ; 
ten  captains  ;  sixteen  first  lieutenants,  and  sixteen  second  lieu- 
tenants. Each  company  shall  consist  of  one  first  sergeant ;  one 
quartermaster  sergeant ;  three  sergeants,  four  corporals,  two 
buglers;  two  artificers  :  (and  in  addition  for  each  light  company, 
one  farrier  and  one  blacksmith ;)  and  ninety  privates.  Each 
company  to  have  one  captain  and  four  lieutenants,  to  be  as- 
signed by  the  colonel  or  other  commanding  oflScer.  The  chief  of 
the  corps  shall  detail  such  commissioned  officers  as  may  be  nec- 
essary to  perform  the  duties  of  the  engineer  and  ordnance  de- 
partments. Officers  so  detailed  are  subject  at  any  time  to  be 
relieved  from  such  duties  by  the  chief.  All  officers  of  this  corps 
shall  be  subject  to  the  same  rules  and  regulations,  as  to  com- 
)nand,  which  govern  the  officers  of  infantry  and  cavalry  :  Provi- 
ded^ That  officers  specially  detailed  on  engineer  and  ordnance 
duty  shall  not  assume  or  be  ordered  on  any  other  duty  while  so 
detailed,  except  by  order  ef  the  commander-in-chief. 

Sec.  4.  The  regiment  of  cavalry  shall  consist  of  one  colo- 
nel one  lieutenant  colonel,  two  majors  ;  (one  commissary  and  one 
juartermaster  with  the  rank  of  first  lieutenant,  and  one  adju- 
tant with  the  rark  and  command  of  first  lieutenant,  all  of  whom 
shall  be  appointed  by  the  colonel ;)  one  sergeant  master  :  one 
quartermaster  scargeant;  one  commissary  sergeant,  and  ten 
tioops  ;  each  troop  shall  consist  of  one  captain  ;  one  first  lieu- 
tenant, two  second  lieutenants  ;  one  first  sergeant:  one  quarter- 
master-sergeant ;  four  sergeants,  four  corporals,  two  buglers, 
one  farrier,  one  saddler,  and  from  sixty-four  to  ninety  privates. 
Each  regiment  of  infantry,  light  infantry  or  riflemen  shall  con- 
sist of  one  colonel,  one  lieutenant  colonel,  one  major  ;  (one  com- 
missary and  one  quartermaster,  with  the  rank  of  first  lieuten- 
ant, and  one  adjutant  with  the  rank  and  command  of  first  lieu- 
tenant, all  to  be  appointed  by  the  colonel:)  one  sergeant-major, 


4  State  Convention.  [Mav. 

cne  quartermaster-sergeant :  one  commissary-sergeant :  and  ten 
companies.  Each  company  to  consist  of  one  captain,  one  first 
lieutenant,  and  two  second  lieutenants ;  one  first  sergeant,  four 
sergeants,  four  corporals,  two  musicians  and  from  sixty-four  to 
ninety  privates. 

Sec.  5.  This  corps  or  division  shall  have  the  fullowing  officers 
in  addition  to  those  already  provided  for,  xh  :  one  major-general : 
three  brigadier-generals :  one  quartermaster  and  paymaster 
general ;  one  adjutant  and  inspector  general,  and  one  commissary 
general,  all  with  the. rank  of  colonel,  and  one  surgeon-general. 
with  the  assimilated  rank  of  colonel,  six  assistant  adjutants  and 
inspectors-general,  to  rank  as  follows  :  one  lieutenant-colonel  : 
one  major  and  four  captains  ;  eight  assistant  quartermasters  and 
paymasters  general  to  rank  as  follows  :  one  lieutenant-colonel, 
two  majors,  and  live  captains  ;  six  assistant  commissaries  general 
of  subsistence  to  rank  as  follows:  one  lieutenant-colonel,  one 
major,  and  four  captains,  ten  surgeons,  with  the  assimilated' 
rank  of  maior,  and  not  exceedinfj  ten  assistant  sui'geons  Tvith  the- 
assimilated  raidv  of  captain,  and  ten  with  the  assimilated  rank 
of  first  lieutenant,  antl  to  each  regiment  one  chaplain  with 
the  pay  of  major,  and  one  assistant  chaplain  with  the  pay  of 
captain. 

Sec.  0.  The  Governor  shall,  by  and  with  the  advice  and  con- 
sent of  the  Military  Board  ,  appoint  the  commissioned  officci*s 
provided  for  in  this  act,  except  the  aids-de-camp.  The  com- 
pany officers  shall  be  appointed  and  ordered  to  recruit  their 
respective  companies,  and  as  soon  as  they  can  complete  the 
same  to  sixty-four  privates,  with  the  required  non-commissioned 
officers,  and  report  the  fact  to  the  adjutant  and  inspector  general,, 
their  commissions  shall  be  issued  and  bear  date  from  the  time  of 
their  appointment ;  should  any  captain  fail  to  raise  his  company 
in  a  reasonable  time,  the  Governor,  by  and  with  tlie  consent  of 
the  MilitJiry  Board,  may  revoke,  his  appointment. 

Sec.  7.  The  Major  General  may  appoint  two  aids-de-ctimp 
with  the  rank  as  follows ;  one  captain  and  one  first  lieutenant : 
Brigadier  Generals  may  appoint  one  aid-de-camp  with  the  rank 
of  fii"St  lieutenant,  to  be  taken  from  the  brigades. 


1861,]  State  Coxventiox.  ^ 

Sec  8.  All  the  officers  ami  men  of  this  division  or  corps, 
shall,  at  and  before  their  entrance  into  the  service,  take  an  oath 
to  be  prescribed  by  the  Governor,  by  and  with  the  consent  of 
the  military  board,  and  shall  also  be  subject  to  the  rules,  resu- 
Jations  and  penalties  of  the  articles  of  war,  and  army  regula- 
tions of  the  army  of  the  Confederate  States  of  America. 

Sec.  9.  The  pay,  clothing,  subsistence  and  allowances,  shall 
be  the  same  for  officers  and  men,  as  are  now  provided  by  law 
for  the  troops  of  the  army  of  the  Confederate  States  of  America. 

Sec.  10.  The  uniform  of  this  corps  shall  be  prescribed  by 
the  Governor,  on  the  recommendation  of  a  board  of  competent 
military  officers  to  be  assembled  for  that  purpose. 

Sec.  11.  The  Quarter  Master  and  Pay  Master  (ieneral,  the 
Adjutant  and  Inspector  General,  the  Commissary  (icncral,  and 
the  Surgeon  General,  together  with  their  assistants  herein  pro- 
vided for,  shall  also  perform  the  duties  belonging  to  their  re- 
spective departments  for  the  volunteer  and  militia  corps  of  the 
state,  when  required  by  the  Governor. 

Sec.  12.  The  Quarter  Master  and  Pay  Master  General,  the 
Commissary  General  and  their  assistants,  and  all  other  disburs- 
ing officers  shall,  before  entering  upon  their  duty,  give  bond 
with  approved  security,  payable  to  the  state,  for  the  faithful  per- 
formance of  their  duties,  in  such  sum  as  the  Governor  may 
require. 

Sec.  13.  Every  enlisted  man  shall  receive  a  bounty  of  fifteen 
dollars,  payable  when  mustered  into  service. 

Sec.  14.  All  laws  and  parts  of  laws  inconsistent  with  this 
act  aie  hereby  repealed. 

Sec.  15.  This  act  shall  be  in  force  from  and  after  its  passage. 

Read  three  times  and  ratified  in  the  General  Assembly,  this 
8th  day  of  May,  A.  D.  18G1. 

W.  T.  DORTCH,  S.  H.  C. 
HENRY  T.  CLARK.  S.  S. 


6  State  Convention.  [May,. 

AN  ACT  FOR  PATROL. 

Be  it  enacted  by  the  General  AssemhJy  of  the  State  of 
North  Carolina^  and  it  is  hereby  enacted  by  the  authority  of 
the  same.  That  three  Justices  of  the  Peace,  if  they  deem  it  ne- 
cessary, shall  have  the  power  to  assemble  at  any  time  and  at 
any  place  within  their  district,  when  a  patrol  is  needed,  and 
then  and  tiiere  appoint  and  employ  such  a  number  of  persons  a8 
they  may  think  necessary  to  patrol  said  district ;  said  patrol  to 
be  under  the  same  rules  and  reguletions  as  are  prescribed  in 
chapter  83,  of  the  Revised  Code. 

Read  three  times  and  ratified  in  General  Assembly,  this  9tl! 
day  of  May,  A.  D.  1861.     ' 

W.  T.  DORTCH,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 


AN  ACT  TO  PROVIDE  FOR  THE  PUBLIC  DEFENCE, 

Sec.  1.  Be  it  enacted  by  the  Creneral  Assembly  of  the  State 
of  North  Carolina^  and  it  is  hereby  enacted  by  the  authority 
of  the  sa^ne.  That  in  order  to  provide  speedily,  forces  to  repei- 
invasions,  and  aid  the  Confederate  States  of  America,  in  main- 
faining  the  rightful  possession  of  every  portion  of  territory  be- 
longing to  each  Southern  State,  and  to  secure  the  public  tran- 
quility and  independence  against  threatened  assaults,  his  Ex- 
cellency, the  Governor,  by  the  advice  of  the  Military  Board,  be, 
and  he  is  hereby  authorized  to  employ  the  militia,  military  and 
naval  forces  of  this  State,  and  to  ask  for,  and  accept  the  servi- 
ces of  twenty  thousand  volunteers  wlio  may  offer  their  services 
either  as  cavalry,  mounted  riflemen,  artillery  or  infantry,  in 
such  proportion  of  these  several  arms,  as  he  may  deem  expedi- 
ent to  serve  for  twelve  months  after  they  shall  be  mustered  into 
service,  unless  sooner  discharged,  with  power  on  the  part  of  the 
Governor  to  increase  said  volunteer  force  to  the  number  of  fifty 
thousand,  if  the  public  exigencies  demand  it. 


1861.]  State  Convention.  7. 

Sec.  2.  Be  it  further  enaeted,  That  the  Governor  shall  arm, 
clothe  and  equip  said  volunteers,  except  as  to  mounted  men, 
when  mustered  into  service,  and  each  mounted  volunteer  shall 
furnish  his  own  horse  and  equipments. 

Sec.  b.  Be  it  further  enacted,  That  said  volunteers  shall, 
when  called  into  actual  service,  and  while  remaining  therein,  be 
subject  to  the  rules  and  articles  of  war  of  the  Confederate  States 
of  America,  and  instead  of  clothing,  every  non-commissioned  of- 
ficer or  private  in  any  company,  shall  be  entitled,  when  called 
into  actual  service,  in  money,  to  a  sum  equal  to  the  cost  of 
clothing  of  a  non-comuii.^sioncd  officer  or  private  in  the  regular 
army  of  the  Confederate  States  of  America,  in  case  said  non- 
commissioned officers  or  privates  shall  furnish  their  own  cloth- 
ing. 

Sec.  4.  Be  it  further  enacted,  That  the  said  volunteers  so 
offering  their  services  may  be  accepted  by  the  Governor,  by  the 
advice  of  the  Military  Board,  in  companies,  squadrons,  batta- 
lions or  regiments,  and  the  several  companies  and  troops  are 
hereby  authorized  to  elect  their  own  officers  Avho,  when  elected, 
shall  be  commissioned  by  the  Governor. 

Sec.  5.  Be  it  further  enaeted.  That  the  Governor,  with  the 
advice  of  the  Military  Board,  is  hereby  authorized  to  organize 
companies  so  tendering  their  services,  into  battalions  or  squad- 
rons, b^ttalions  or  sqadronc  into  regiments,  and  regiments  into 
brigades,  and  brigades  into  divisions  whenever,  in  his  judgment, 
such  organization  may  be  expedient ;  and  whenever  brigades  or 
divisions  as  well  as  regiments  shall  be  organized,  the  Governor. 
by  and  with  the  r.dvice  of  the  Military  Board,  shall  appoint  the 
commanding  officers  for  such  brigades  and  divisions,  in  the  man- 
ner hercinafcer  directed,  who  shall  hold  their  offices  only  while 
such  brigades  and  divisions  are  in  service,  and  such  officers  so 
appointed  shall  have  power  to  appoint  staff  officers  of  like  num- 
ber and  like  rank,  as  officers  of  the  same  rank  in  the  regular 
army  of  the  Confederate  States  of  America  are  empowered  to 
appoint. 


8  State  Convention.  May, 

Sec.  li.  Be  it  further  enacted,  That  ■whenever  said  volun- 
teers are  called  and  received  into  service  under  the  provisiorirt 
of  this  act,  they  shall  have  the  same  organization,  and  shall 
liave  the  same  pay  and  allowance  as  may  be  provided  for  the  re- 
gular army  of  the  Confederate  States  of  America  ;  and  all  mount- 
ed non-commissioned  officers,  privates,  musicians  and  artificers 
shall  be  allowed  forty  cents  per  day  for  the  use  and  risk  of  their 
horses.  For  horses  killed  in  action,  or  dying  in  actual  service^ 
volunteers  shall  be  allowed  compensation  according  to  their  ap- 
praised value  at  the  date  of  muster  into  service,  and  the  Gover- 
nor shall  have  suoh  appraisement  made. 

Sec.  7.  Be  it  further  enacted.  That  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Military  Board,  shall  ap- 
point a  Major-General  for  each  division  of  said  corps  of  volun- 
teers, and  a  Brigadier-General  for  each  Brigade,  and  the  com- 
missioned company  officers  of  each  regiment,  shall  elect  a  Col- 
onel, Lieutenant-Colonel  and  Major  for  such  regiment. 

Sec.  8.  Be  it  further  enacted,  That  whenever  said  volun" 
teers  shall  be  called  into  service  in  such  numbers  that  the  of- 
ficers of  the  Quarter-Master,  Commissary  and  Medical  depart- 
ments are  not  sufficient  to  provide  for  the  supplying,  quartering, 
transporting  and  furnishing  them  with  the  requisite  medical  at- 
tendance, it  shall  be  lawful  for  the  Governor  to  appoint  as  many 
additional  officers  of  said  depo.rtments,  as  in  his  judgment  the 
public  service  may  require,  with  such  rank  as  like  officers  hold 
in  the  regular  army  of  the  Confederate  States  of  America,  and 
with  like  pay  and  allowances,  and  the  Governor  is  hereby  re- 
quired to  exact  of  the  public  officers  who  are  subordinate  to 
him  in  the  military  department,  such  bonds  with  good  sureties 
for  the  faithful  performance  of  their  duties,  as  in  his  judg- 
ment the  public  safety  may  require  him  to  demand. 

Sec.  9.  Be  it  further  enacted,  That  the  Governor  may  pre- 
scribe rules  for  the  government  and  drilling  of  said  volunteers^ 
and  have  printed  and  distributed  such  works  and  treatises  en 
military  science,  as  he  may  deem  expedient,  the  expenses  of 
such  printing  and  distribution  to  be  paid  out  of  the  public  Trea- 
sury. 


1861.  State  Convention.  9 

Sec.  10.  That  tlie  Governor  shall  have  power  to  muster  said 
companies,  squadrons,  battallions,  regiments  or  divisions  into 
service  at  any  point  in  the  State  where  he  may  designate,  and 
to  form  encampments  of  the  same  at  such  places  as  he  may 
deem  expedient ;  and,  he  is  further  authorized  to  tender  the 
services  of  said  volunteer  force,  or  any  part  thereof,  to  the 
Confederate  States  of  America,  and  have  them  mustered  into 
the  service  of  said  Confederate  States  of  America,  or  any  one 

of  the  slaveholding  States. 

Sec.  11.  That  said  volunteers,  both  officers  and  privates, 
shall  be  entitled  to  the  same  pay  and  allowances  and  emolu- 
ments as  are  allowed  to  the  officers  and  privates  in  the  regular 
army  of  the  Confederate  States  of  America. 

Sec.  12.  That  each  company  organized  under  this  act,  shall 
consist  of  not  less  than  sixty-four  privates,  nor  more  than  one 
hundred,  unless  tlie  Governor  shall  otherwise  direct,  and  each 
company  shall  be  officered  by  one  captain,  one  tirst  lieutenant, 
6ne  second  lieutenant,  and  one  third  lieutenant,  who  shall  rank 
a  brevet  second  lieutenant,  to  be  elected  by  the  vote  of  the  com- 
pany, and  commissioned  by  the  Governor,  and  four  sergeants, 
and  four  corporals,  to  be  appointed  by  the  respective  captains. 

Sec.  lo.  That  in  the  distribution  of  the  arms  of  the  State 
to  the  volunteer  corps,  the  Governor  may,  at  his  discretion,  re- 
quire a  bond  payable  to  the  State  of  North  Carolina,  with  suf- 
ficient security  from  tlie  captain  of  eacli  company  to  whom 
such  arms  shall  be  distributed,  for  the  safe  keeping  and  return 
of  the  same. 

Sec.  14.  That  the  Governor  shall  have  power  to  appoint  such 
drill  masters  for  companies,  squadrons,  battallions,  volunteers  or 
regiments,  with  such  rank  as  he  may  assign  them,  as  in  his 
opinion  the  safety  and  defence  of  the  State  may  require. 

Sec.  lo.  That  the  Governor  may  fix  and  designate  the  uni- 
form of  the  several  companies,  and  in  default  of  such  designa- 
tion by  the  Governor,  each  company  may  determine  upon  its 
own  uniform. 

Sec.  16.  That  all  laws  and  clauses  of  laws  which  are  in  con- 
flict with  this  act,  be,  and  the  same  are  hereby  repealed. 


10  State  Convention.  [May, 

Sec.  17.  That  each  volunteer  shall  be  entitled  to  antl  receive 
on  the  day  he  is  mustered  into  the  service,  a  bounty  of  ten  dol- 
lars, to  be  paid  out  of  the  Public  Treasury. 

Sec.  18.  That  this  act  shall  be  in  force  from  and  after  its 
ratification. 

Read  three  times  and  ratified  in  General  Assembly,  this  lOtb. 
day  of  May,  A.  D.  1861. 

W.  T.  DORTCH,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 


AN  ACT  TO  DEFINE  AND  PUNISH  TREASON 
AGAINST  THE  STATE  OF  NORTH  CAROLINA, 
AND  OTHER  OFFENCES  AGAINST  THE  SOYER 
EIGNTY  OF  THE  STATE. 

Sec.  1.  Be  it  enacted  hy  the  General  Ai<semUy  of  the  State- 
of  North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  treason  shall  consist  only  in  levying  war  against 
this  State ;  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort ;  or  in  establishing,  -without  the  authority  of  the  Gene- 
ral Assembly,  an_y  government  Avithin  its  limits  separate  froia 
the  existing  government ;  or  in  holding  or  executing  in  such 
usurped  government  any  office,  or  professing  allegiance  or  fidel- 
ity thereto,  or  assisting  the  execution  of  laws  under  color  of 
authority  from  such  usurped  government :  and  such  treason,  if 
proved  by  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  by  confession  in  open  court,  shall  be  punished  with  death. 

Sec.  2.  Be  it  furtlier  enacted,  That  if  any  free  person,  know- 
ing of  any  such  treason,  shall  not,  as  soon  as  may  ]y^,  give  in- 
formation thereof  to  the  Governor  of  this  state,  or  to  some  con- 
servator of  the  peace,  such  person  shall  be  punished  by  fine  and 
imprisonment,  at  the  discretion  of  the  court. 

Sec.  3.  Be  it  further  enacted,  That  if  any  free  person  ad- 
vise or  conspire  with  a  slave  to  rebel  or  to  make  insurrectiori. 


)8r>l.]  State  Conventipx.  11 

in  thife  state,  or  with  person  to  induce  a  slave  to  rebel  or  make 
insurrection,  such  person  shall,  upon  conviction,  suffer  death, 
whether  such  rebellion  or  insurrection  be  made  or  not. 

Sec.  4.  Be  it  further  enacted,  That  this  act  shall  be  in  force 
from  and  after  its  ratification. 

Read  three  times  and  ratified  in  General  Assembly,  this  11th 
day  of  May,  A.  D.  1861. 

W.  T.  DORTCII,  S.  II..  0. 
HENRY  T.  CLARK,  S.  8. 


RESOLUTIONS  CONCERNING  POST  OFFICES  AND 
POST  ROADS. 

Resolved,  That  in  the  event  the  mail  service  in  this  State 
should  be  discontinued,  His^Excellency,  the  Governor,  be  autho- 
rized and  empowered  to  take  charge  of  the  post-oflices,  and  to 
provide  a  continuance  of  the  mail  service  on  such  routes  now  in 
operation  as  he  may  deem  the  public  interest  requires,  until 
such  time  as  provision  shall  be  made  for  the  same,  cither  by  the 
convention  or  at  some  future  session  of  the  General  Assembly. 

Resolved  further.  That  to  enable  the  Governor  to  carry  into 
execution  the  foregoing  resolution,  he  be  authorized  to  collect 
postage  at  the  rates  now  charged,  and  to  draw  on  the  Public 
Treasurer  for  such  sums  of  money  as  may  be  necessary  to  de- 
fray the  expenses  over  and  above  the  receipts  from  postage. 

Read  three  times  and  ratified  in  General  Assembly,  this  llth 
day  of  May,  A.  D.  18G1. 

AV.  T.  DORTCH,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 


12  Si;ate  Convention.  [Ma;7, 

AN  ACT  CONCERNING  TAXES. 

Sec.  1.  Be  it  enacted  hy  the  G-eneral  Assembly  of  the  State 
JSi^orth  Carolina^  and  it  is  hereby  enacted  by  the  authority  of  the 
satyie,  That  no  person  shall  hereafter  be  compelled  to  list  for 
-taxation  any  pistol,  sword  cane  or  bowie  knife,  nor  shall  any 
person  be  compelled  to  pay  taxes  npon  such  articles,  except  upon 
such  as  have  heretofore  been  listed. 

Sec.  2.  JBe  it  further  enacted.  That  this  act  shall  be  in  force 
from  and  after  its  ratification. 

Read  three  times  and  ratified  in  General  Assembly,  this  11th 
day  of  May,  A.  D.  1861. 

W.  T.  DORTCH,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 


AN  ACT  TO  PROVIDE  AGAINST  THE  SACRIFICE 
OF  PROPERTY  AND  TO  SUSPEND  PROCEEDINGS 
IN  CERTAIN  CASES. 

Sec.  1.  Be  it  enacted  by  the  Groieral  Assembly  of  the  State 
■of  Nortli  Carolina  and  it  is  hereby  enacted  by  the  authority  of 
the  same.  That  no  execution  of  fieri  facius  ox  venditioni  exponas 
founded  upon  a  judgment  in  any  suit  or  action  for  debts  and 
jlemands  due  on  bonds,  promissory  notes,  bills  of  exchange, 
covenants  for  the  payment  of  money,  judgments,  accounts,  and 
all  other  contracts  for  money  demands,  or  contracts  for  specific 
articles,  other  than  those  upon  oificial  bonds  or  in  favor  of  the 
state,  or  against  non-residents,  shall  be  issued  from  the  passage 
of  this  act,  by  any  court  of  record  or  magistrate,  for  the  sale  of 
property,  until  otherwise  provided  by  law  ;  nor  shall  there  be 
any  sales  under  deeds  of  trust  or  decrees,  unless  by  the  consent 
of  pai'ties  interested,  until  otherwise  provided  by  law. 

Sec.  2.  Where  such  executions  have  issued  and  are  now  in  the 
hantls  of  officers,  whether  levied  or  not,  the  ofiicer  having  such  ex- 


1861.]  State  Convention.  1-> 

ecations  shall  return  the  same  to  the  magistrate  or  court  from 
whence  they  issued,  without  further  execution  thereoi,  and  execu- 
tions upon  the  same  judgments  shall  not  issue  again  until  the 
operation  of  this  act  ceases :  l*rovvled,  That  this  act  shall  not 
be  construed  to  discharge  the  lien  which  lias  already  been 
acquired  by  the  taking  out  such  execution. 

Sec.  3.  There  shall  be  no  trials  of  any  cases  reijuiring  the 
Intervention  of  a  jury,  nor  upon  warrants  before  a  Justice  of  tht- 
Peace  in  any  suit  or  action  for  debts  or  demands  due  on  bonds, 
promissory  notes,  bills  of  exchange,  covenant.s  for  the  payment  of 
money,  judgments,  accounts,  and  all  other  contracts  for  money 
demands,  or  contracts  for  specific  articles. 

Sec.  4.  This  act  shall  not  apply  to  liabilities  upon  the  part 
of  public  officers,  either  to  the  state,  counties,  corporations,  or 
individuals;  nor  to  state,  county  or  corporation  taxes:  nor  to 
debts  hereafter  contracted ;  nor  to  debts  due  the  state  :  nor  to 
debts  due  from  non-residents ;  nor  to  tlie  annual  collection  of 
interest :  Provided,  That  no  note,  bill  (»f  acceptance,  or  other 
obligation,  the  consideration  of  \Yhich  is  any  debt  or  obligation 
at  present  existing,  shall  be  held  or  considered  as  a  debt  here- 
after contracted. 

Sec.  •'").  The  interest  which  has  accrued  since  the  first  day  of 
January.  A.  D.  IStJ],  or  which  may  hereafter  accrue  upon  any 
bond  or  promissory  note  which  was  payable  before  the  passage 
of  this  act,  may  be  collected  l)y  action  of  debt  or  assumsit,  be- 
fore any  justice  of  tlie  peace,  if  the  amount  of  interest  sued  for 
bo  within  his  jin'isdiction  :  and  if  not,  then  in  the  county  or  su- 
perior coiu'ts  ;  f-^rov'/'ded,  hoiret.rr,  That  no  warrant  or  suit  shall 
be  brought  except  for  the  interest  of  one  year  or  more  (always 
making  an  even  numbcr'i  by  computing  the  time  from  the  day 
when  the  interest  upon  such  bond  or  promissory  note  began  tr- 
acer ue. 

Sec.  6.  That  any  person  >\ho  is  about  to  remove  his  prop- 
erty out  of  the  state  Avithout  the  consent  of  his  creditors,  slmll. 
not  be  entitled  to  the  benefit  of  this  act. 


14  State  Conventiox.  [May, 

Sec.  7.  That  all  mortgages  and  deeds  in  trust  for  the  bene- 
fit of  creditors  hereafter  executed,  whether  registered  or  not, 
and  all  judgments  confessed  during  the  continuance  of  this  act, 
shall  be  utterly  void  and  of  no  effect. 

Sec,  8.  The  time  during  which  this  law  is  in  force  shall  not  be 
computed  in  any  case  where  the  statute  of  limitation  comes  in 
question. 

Sec.  9.  That  this  act  shall  be  in  force  from  and  after  ita 
ratification. 

Read  three  times  and  ratified  in  General  Assembly,  this  lltii 
•  day  of  May,  A.  D.  1861. 

W.  T.  DORTCH,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 


AX  ACT  TO  PROVIDE  WAYS  AND  MEANS  FOR 
PUBLIC  DEFENSE. 

Sec.  1.  Be  it  enaeted  by  the  General  Assembli/  of  the  State 
■of  North  Carolina,  and  it  is  hereby  enaeted  hy  the  authority  of 
the  same,  That  five  millions  of  dollars,  or  so  much  thereof  as 
may  be  necessary,  be  and  the  same  is  hereby  appropriated  to 
meet  the  demands  iipon  the  Public  Treasury,  for  the  next  en- 
smiiig  two  years,  w^'hich  sum  shall  be  raised  and  provided  for  in. 
the  way  and  manner  following. 

Sec.  2.  Be  it  further  enacted,  That  the  Public  Treasurer  is 
hereby  authorized  and  required  at  as  early  a  day  as  practicable,  to 
Ihiave  suitably  prepared  and  to  issue  Treasury  notes  payable  to 
"bearer,  upon  the  faith  and  credit  of  the  state,  to  the  amount  of 
five  hundred  thousand  dollars  of  the  various  denominations  of 
five,  ten,  twenty-five,  fifty,  one  hundred,  and  two  hundred  cents, 
in  the  following  proportions,  viz :  Ten  thousand  dollars  in  bills 
or  notes  of  five  cents ;  ten  thousand  dollars  in  notes  or  bills  of 
len  cents;  twenty-five  thousand  dollars  in  bills  or  notes  of 
twenty-five^cents :  fifty  thousand  dollars  in  bills  or  notes  of  fifty 


1861.]  State  Convextiox.  15 

cents ;  two  hundred  and  five  thousand  dollars  in  bills  or  notes  of 
one  hundred  cents,  or  one  dollar  ;  and  two  hundred  thousand 
dollars  in  bills  or  notes  of  two  hundred  cents  or  two  dollars,  which 
notes  shall  bear  no  interest,  and  which  shall  be  recievable  in 
payment  of  all  public  dues,  and  redeemable  in  specie  or  current 
notes  on  or  before  the  first  day  of  January,  eighteen  hundred 
and  sixty  six. 

Sec.  3.  Be  it  further  enacted^  That  the  Public  Treasurer  is 
hereby  authorized  and  required  to  negotiate  a  loan  with  the 
several  banks  of  the  state,  for  a  sum  not  exceeding  in  the  aggre- 
L;ate  one  million  of  dollars,  for  which  he  shall  issue  the  bonds  of 
the  state,  renewable  annually  and  bearing  six  per  cent  interest, 
payable  at  the  end  of  each  and  every  year,  and  which  bonds 
fchall  be  payable  at  sucli  time  as  the  Legislature  may  hereafter 
direct. 

Sec.  4.  B<  it  further  ena'teJ,  That  if  the  above  sum  of  one 
million  and  five  hundred  thousand  dollars  shall  not  be  suflBcient 
to  meet  the  demands  upon  the  Public  Treasury  during  the  next 
two  years,  then  in  that  case,  the  Public  Treasurer  is  hereby 
authorized  and  required  to  issue  Treasury  notes  upon  the  faith 
and  credit  of  the  state,  to  the  amount  of  one  million  dollars,  in 
notes  of  the  various  denominations  of  three,  four,  five,  ten, 
twenty,  fifty  and  one  hundred  dollars,  and  the  total  amount  of 
■each  respective  denomination  shall  be  as  nearly  as  may  be  the 
same,  which  notes  shall  bear  no  interest,  and  are  hereby  made 
and  declared  to  be  receivable  in  payment  of  all  public  dues ; 
these  notes  shall  be  made  payable  to  bearer,  signed  by  the  pub- 
lic treasurer  and  countersigned  by  the  Comptroller.  The  Pub- 
lic Treasurer  and  Comptroller  shall  each  provide  a  book,  in 
which  shall  be  kept  an  accurate  account  of  all  the  notes  of  the 
various  denominations  paid  out  'under  the  various  provisions  of 
this  act,  and  also  an  accurate  account  of  all  sums  returned, 
which  books  shall  at  all  times  be  open  to  the  inspection  of  the 
Oeneral  Assembly,  and  for  the  keeping  cf  such  books  they  shall 
each,  if  absolutely  necessary,  be  allowed  to  employ  some  suita- 
ble person  to  act  as  clerk. 


16  State  Convention.  [May. 

Sec.  3.  Be  it  further  enacted,  That  if  the  above  sum  of  two 
millions  and  live  hundred  thousand  dollars,  as  above  provided 
for,  shall  be  insufficient  to  meet  the  demands  on  the  public  Trea- 
sury during  the  next  two  years,  then  and  in  that  case,  the  pub- 
lic Tre^asurcr  is  hereby  authorized  and  required  to  borrow  the 
further  sum  of  five  hundred  thousand  dollars  in  the  same  way 
and  manner  as  provided  for  in  the  ord  section  of  this  act. 

Sec.  6.  Be  it  further  enucted,  That  if  the  sum  of  three  mil- 
lion dollars,  as  above  provided  for,  shallnot  ))e  sufficient  to  meet 
the  demands  upon  the  public  Treasury  during  the  next  t^vo 
years,  then  and  in  that  case,  the  Public  Treasurer  is  hereby 
authorized  and  required  to  issue  the  additional  sum  of  five  hun- 
dred thousand  dollars  in  Treasury  notes,  in  the  same  way  and 
manner,  in  all  respects,  as  provided  for  in  the  fourth  section  of 
this  bill. 

Sec.  7.  7>r  it  fu.rther  enitct<'d.  That  if  the  above  sum  of 
three  million  and  five  hundred  thousand  dollars  shall  not  be  suf- 
ficient to  meet  the  demands  upon  the  public  Treasury  during 
the  next  two  years,  then  and  in  that  case,  the  Public  Treasurei- 
is  hereby  authorized  and  required  to  borrow  from  the  several 
banks,  a  sum  not  exceeding  seven  hundred  and  fifty  thousand 
dollars  in  the  same  way  and  manner  as  provided  for  in  the  third 
section  of  this  bill,  and  if  that  sum  shall  be  insufficient  to  meet 
the  demands  upon  the  public  treasury  during  the  next  two  years, 
or  if  he  should  fail  to  negotiate  a  loan  for  such  sum.  or  any 
part  thereof,  he  is  hereby  authorized  and  required  to  issue 
treasury  notes  in  the  same  way  and  manner,  in  all  respects,  as 
provided  for  in  the  fourth  section  of  this  bill  to  an  amount  not 
exceeding  five  million  dollars,  including  the  several  amounts 
authorized  to  be  issued  and  borrowed  by  him  under  the  various 
sections  and  provisions  of  this  bill. 

Sec.  8.  Be  if  fnrther  eiiaeted.  That  no  bank  of  this  state 
shall  be  required  to  resume  specie  payments  while  any  portion 
of  the  amounts  above  authorized  to  be  borrowed  from  such  bank 
shall  remain  unpaid. 


18G1.]         State  Coxvextiox.  17 

Sec.  9.  Be  it  further  enacted.  That  if  any  person  shall  false- 
ly make,'  forge  or  counterfeit,  or  cause  the  same  to  be  done,  or 
willingly  aid  or  assist  therein,  any  note  in  imitation  of,  or'pur- 
porting  to  be  a  treasury  note  issued  by  the  authority  of  this 
act,  with  the  intent  to  defraud  the  state,  the  person  so  offendi nor 
shall  be  deemed  guilty  of  felony,  and  en  conviction  thereof  in 
the  superior  court,  he  shall  be  adjudged  to  stand  in  the  pillorv 
one  hour,  and  receive  thirty-nine  lashes  on  his  bare  back,  and 
be  imprisoned  not  less  than  six  months  nor  more  than  three 
years,  and  fined  at  the  discretion  of  the  court,  and  all  or  any 
of  such  punishments  may,  at  the  discretion  of  the  court,  be  in- 
flicted. 

Sec.  10.  Be  it  further  enacted,  That  if  any  person,  either 
directly  or  indirectly,  whether  for  the  sake  of  gain  or  with  intent 
to  defraud  or  injure  any  other  person,  shall  utter  or  publish  any 
false,  forged  or  counterfeit  notes,  as  is  mentioned  in  the  pre- 
ceding section,  or  shall  pass  or  deliver,  or  attempt  to  pass  or 
deliver,  the  same  to  another  person,  knowing  the  same  to  be 
falsely  forged  or  counterfeited,  the  person  so  offending  shall,  on 
conviction  thereof  in  the  superior  court,  be  punished  in  like 
manner  as  is  provided  in  the  preceding  section  of  this  act. 

Sec.  11.  Be  it  further  enacted.  That  this  act  shall  be  in  force 
from  and  after  its  ratification. 

Read  three  times  and  ratified  in  General  Assembly,  this  lltli 
day  of  May,  A.  D.  18G1. 

W.  T.  DORTCII,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 


AN  ACT  TO  PROVIDE  FOR  THE  TIME  WHEN  VOL- 
UNTEERS SHALL  RECEIVE  PAY  FOR  THEIR 
SERVICES. 

Sec.  1.  Be  it  enacted  hy  the  General  Assembly  of  the  State 
of  North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of 
the  same,  That  in  all  cases  in  which  any  company  of  volunteers 


18  State  Convention.  May, 

may  liave  been,  or  may  hereafter  be,  enlisted  and  organized  un- 
der the  proclamation  of  his  Excellency,  the  Governor,  and  shall 
have  been  tendered  to  the  Governor,  the  said  volunteers  shall 
receive,  from  and  after  they  have  been  so  tendered  and  accept- 
ed by  the  Governor,  the  same  pay  and  rations,  both  the  officers 
and  privates,  as  are  received  by  volunteers,  after  they  have 
been  mustered  and  received  into  the  service  of  the  state,  and 
that  thereafter  the  expenses  incurred  by  them  in  organizing, 
and  in  their  transportation  previous  to  their  being  mustered  and 
received  into  serve,  shall  be  refunded,  whether  the  same  shall  be 
incurred  by  the  commanding  officer  of  the  company,  counties, 
corporations  or  individuals  :  Provided,  ho2vever,  Tliat  proof 
shall  be  made  to  the  satisfaction  of  the  Governor  of  the  amount 
they  expended,  and  that  the  same  was  necessary  and  proper  for 
the  volunteers  aforesaid. 

Sec  2.  Be  it  further  enacted,  That  the  Governor  shall  have 
power  to  draw  upon  the  treasury  for  the  sum  necessary  to  carry 
out  the  provisions  of  this  Act. 

Sec.  3.  Be  it  further  enacted,  That  this  Act  shall  be  in 
force  from  and  after  its  ratification. 

Read  three  times  and  ratified  in  General  Assemby  this  11th 
day  of  May,  A.  D.,  1861. 

WM.  T.  DORTCH,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 


AN  ACT  TO  AUTHORIZE  THE  COUNTY  COURTS 
AND  CORPORATE  TOWNS  AND  CITIES  TO  LAY 
TAXES  FOR  POLICE  PURPOSES. 

Sec.  1.  Beit  enacted  by  the  Genercd  Ansemhly  of  the  State 
of  North  Carolina ,  am d  it  is  hereby  enacted  by  the  anthority 
of  the,  same.  That  the  Courts  of  Pleas  and  Quarter  Sessions 
of  this  State,  a  majority  of  the  Justices  being  present,  and 
the  Ma}'or  and   Cummi^oioners  of  incorjtoiated  towns  and 


1861.]  State  Convention.  19 

cities  shall  have  power  to  make  appropriations  of  money, 
and  levy  taxes  upon  all  subjects  of  taxation  now  taxed  for 
State  purposes,  to  raise  the  same  for  the  purpose  of  raising, 
equipping  and  paying  any  police  force  which  they  may  deem 
necessary  for  tlie  protection  of  the  citizens,  or  property  of  the 
count)'',  town  or  city,  and  for  the  further  purpose  of  render- 
ing aid  and  Rup])ort  to  the  indigent  families  of  persons  en- 
gaged in  tlie  military  service  of  the  State  :  and  for  these 
])urposes  tlie  said  courts,  towns  or  cities,  shall  have  power  to 
horrow  money  upon  the  iaitli  and  credit  of  the  county,  town 
or  city,  for  which  certificates  shall  he  issued  and  signed  on 
behalf  of  the  counties,  by  the  chairman,  and  countersigned 
by  the  clerk  of  the  court,  and  on  behalf  of  the  towns  and 
cities  by  the  })rosiding  officer  of  the  board  of  commissioners, 
and  countersigred  l)y  the  secretary  of  said  board. 

Sec.  2.  Be  it  further  enacted,  That  said  courts,  towns 
and  cities,  shall  appoint  agents  to  receive  and  disburse  said 
funds,  and  shall  take  from  them  bonds  payable  to  the  State, 
with  approved  security,  conditioned  for  the  faithful  perform- 
ance of  their  duties,  and  accounting  for,  and  paying  over, 
said  funds  to  the  proper  persons  ;  and  the  said  courts,  towns 
or  city  authorities  shall  direct  to  what  object  the  money  shall 
be  applied. 

Sec.  3.  Be  if  further  enacted.  That  the  taxes  by  this  act 
authorized,  may  be  levied  at  any  term,  on  the  part  of  the 
authorities  of  any  town  or  city,  and  on  the  part  of  the  coun- 
ties, at  any  term  of  the  court,  and  five  Justices  of  the  peace 
shall  have  p3wer  to  call  a  special  term,  at  any  time,  for  the 
purpose  of  taking  this  subject  under  consideration  :  Provi- 
ded, That  no  business  other  than  that  contemplated  by  this 
act,  shall  be  transacted  at  such  sjiecial  terra. 

Sec.  4.  Be  it  further  enacted,  That  said  courts  and  cori)0- 
rate  authorities,  shall  have  power  to  direct  when,  and  in 
what  manner,  the  lists  of  said  taxes  shall  be  made  out,  and 
the  time  and  manner  of  collecting  tlie  same. 

Sec.  5.  Be  it  further  ennrfed,  That  the  sheriff  or  town 
collector,  and  his  .sureties,  shall  be  liable  upon  their  ctflicial 


20  State  Convention.  [May,  18G1. 

bonds  for  faitlifully  collecting  and  paying  over  tlie  taxes  au- 
thorized by  this  act. 

Kead  three  times   and  ratified  in  General  Assembl}',  this 
11th  day  of  May,  A.  D.  1861. 

WM.  T.  DORTCH,  8.  H.  C. 

HENRY  T.  CLARK,  S.  S. 


STATE  OF  NORTH  CAROLINA,  \ 

OFFICE  OF  SECRETARY  OF  STATE.   / 

I,  Rufus  H.  Page,  Secretary  of  State,  in  and  for  the  State 
of  North  Carohna,  do  hereby  certify  that  the  foregoing  (ten 
laws  and  one  resolution)  are  true  copies  of  the  originals  on  file 
in  this  office. 

Given  under  my  hand  this  24th  day  of  May,  1861. 

RUFUS  H.  PAGE, 
Secretary  of  State. 


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